On approval of Rules for public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

Order of the Acting Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated April 13, 2020 No. 197. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 16, 2020 № 20414.

Unofficial translation

In accordance with Article 10, subparagraph 1) of the Law of the Republic of Kazakhstan dated April 15, 2013 “On public services,” I hereby ORDER:

1. To approve the attached Rules of public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment ".

2. In accordance with the procedure established by the legislation, the Department for the Development of the Military-Industrial Complex of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan shall:

1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

2) place this order on the Internet resource of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan after its official publication.

3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Industry and Infrastructural Development of the Republic of Kazakhstan.

4. This order shall enter into force upon expiry of twenty-one calendar days after the date of its first official publication.

Acting Minister
of Industry and Infrastructural
Development of the Republic of Kazakhstan	K. Uskenbayev

"AGREED"
Ministry of Digital Development,
Innovation and Aerospace Industry
of the Republic of Kazakhstan

Approved by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated April 13, 2020 № 197

On approval of Rules for public service provision
"Issuance of license for liquidation activities by means of destruction, disposal, dumping and
processing of the released ammunition, weapons, military equipment, and special equipment" Chapter 1. General provisions

1. These Rules for the Provision of Public services "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment" (hereinafter referred to as the Rules) shall be developed according to Article 10, subparagraph 1) of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and shall define the procedure of public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

2. The Rules shall apply to individuals and legal entities.

3. Public service "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment" (hereinafter referred to as the public service) shall appear the Ministry of the Industry and Infrastructural Development of the Republic of Kazakhstan (hereinafter referred to as the service provider) according to these Rules.

4. The public service shall be provided to the service recipients on a paid basis. For public service provision the licensing contribution for the right of occupation by some types according to paragraph 6 of the standard of public service "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment" shall be raised (hereinafter referred to as the Standard), in accordance with the Code of the Republic of Kazakhstan dated December 25, 2017 "On taxes and other mandatory payments to the budget (Tax Code)."

Chapter 2. The procedure for public service provision
"Issuance of license for liquidation activities by means of destruction, disposal, dumping and
processing of the released ammunition, weapons, military equipment, and special equipment"

5. A n individual or legal entity (hereinafter referred to as a service recipient) shall send to the service provider, through the web portal "e-government": www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) documents according to paragraph 9 of the Standard.

6. The service provider shall register the documents and information specified in paragraph 5 of the Rules on the day of their receipt.

In case of application after the end of working hours, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the public service provision shall be issued during the next working day.

When the service recipient submits all the necessary documents through the portal - in the "personal account" of the service recipient, the status of acceptance of the request for the provision of public service shall be displayed with the date of receipt of the result of the public service.

Information of documents, on state registration (re-registration) of a legal entity, on state registration as an individual entrepreneur, on a license, confirmation of payment to the budget of the license contribution in case of payment through the payment gateway of the "electronic government" (hereinafter referred to as the PGEG), the service recipient shall receive from the relevant state information systems through the PGEG. The authorized body shall receive information on identity documents, state registration (re-registration) of a legal entity from the relevant state information systems through the gateway of "electronic government."

7. Period of public service provision:

1) when issuing a license and/or the annex to the license - 15 (fifteen) working days;

2) upon re-issuance of the license and/or annex to the license - 3 (three) working days;

3) upon re-issuance of the license and (or) annex to the license in case of reorganization of the service recipient in the form of allocation or separation - 15 (fifteen) working days;

4) when issuing duplicate licenses and/or annexes to the license - 2 (two) working days.

In cases of presentation by the service recipient an incomplete package of documents according to the list provided for in paragraph 5 of the Rules, the service recipient shall refuse to further consider the application within 2 (two) working days.

8. If the service recipient submits the complete package of documents specified in paragraph 5 of the Rules:

the service provider shall verify the reliability of the submitted documents and the compliance of the service recipient and/or the submitted documents with the requirements of these Rules;

within 1 (one) working day from the date of receipt of the submitted documents to the service provider, a request shall be sent to the relevant public authority in the field of civil protection for approval, with the exception of re-issuance of the license and/or annex to the license and duplicate license and/or annex to the license.

The public authority shall, on the basis of the request of the permitting authority, within ten working days send a response to the relevant permitting authority on compliance or non-conformity of the applicant with the requirements set out in the licensing or in the implementation of permitting procedures.

If the authorities fail to respond within the prescribed time frame, the issuance of the permission shall be deemed to be agreed.

9. Based on the results of the actions mentioned in paragraph 8 hereof, a license and (or) an annex to the license or a reissued license and (or) an annex to the license or a duplicate license and (or) an annex to the license shall be issued for the implementation of activities on liquidation by destruction, disposal, burial and processing of released ammunition, weapons, military equipment and special means.

In case of revealing the grounds for refusal in rendering the public service, the service provider shall notify the service recipient of the preliminary decision on refusal in rendering the public service, as well as the time and place (method) of the hearing for the opportunity to express to the service recipient the position on the preliminary decision.

A notification of the hearing shall be sent at least three (3) business days prior to the end of the term of rendering the public service. The hearing shall be held no later than 2 (two) business days from the date of notification.

Following the results of the hearing, the service provider shall draw up a positive result or a motivated refusal in rendering the public service.

The result of rendering the public service shall be sent to the personal profile of the service recipient in the form of an electronic document signed by an electronic digital signature (hereinafter - EDS) of the authorised person of the service provider.

Footnote. Paragraph 9 - as revised by order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 189 dated 06.04.2022 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).

10. The grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan shall be specified in paragraph 10 of the Standard.

The bases renewal of the license for implementation of liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment and actions of the service provider in case of giving on renewal of the license:

1) changes of the surname, first name, patronymic (if any) of the individual-licensee;

2) re-registration of the individual entrepreneur-licensee, change of his name or legal address;

3) reorganization of the legal entity-licensee in accordance with the procedure defined by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications";

4) changes of the name and (or) location of the legal entity-licensee (if the address is indicated in the license);

5) alienation by the licensee of the license issued according to the class of "permissions issued for objects," together with the object in favor of third parties in cases where the alienability of a particular license shall be provided by Annex 1 to this Law;

6) changing the address of the location of the object without its physical movement for a license issued according to the class "permission issued to objects" or for annexes to the license indicating the objects;

7) the presence of the requirement for re-registration in the Laws of the Republic of Kazakhstan.

The actions of subparagraphs 2), 4) and 6) of part one of this paragraph shall not apply to cases when changes in the legal address of the individual entrepreneur-licensee, the address of the location of the legal entity-licensee, address of the location of the object for the license issued according to the class "permission, issued to objects, "or for annexes to the license indicating objects occurred in connection with a change in the name of settlements, street names in accordance with the requirements of the Law of the Republic of Kazakhstan "On administrative-territorial structure of the Republic of Kazakhstan." Such changes in the address of licensees and the object of license shall be carried out through the integration of state information systems.

11. The service provider shall provide data on the stage of public service provision in the information system for monitoring public service provision.

When providing public service through the state information system of permissions and notifications, data on the stage of public service provision are automatically transmitted to the information system of monitoring the public services provision.

Chapter 3: Procedure for appealing against decisions, actions (inaction) of the service provider on the issues of rendering public services

Footnote. Chapter 3 - as reworded by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan №. 189 of 06.04.2022 (shall take effect upon the expiration of sixty calendar days after the date of its first official publication).

12. A higher administrative body, an official, an authorised body for assessment and control over the quality of public services (hereinafter referred to as the body considering the complaint) shall consider the complaint regarding the provision of public services.

The complaint shall be filed to the service provider and (or) to the official whose decision, action (inaction) is being appealed against.

Not later than three business days from the day of receipt of the complaint, the service provider, the official whose decision, action (inaction) is being appealed shall forward it and the administrative file to the body reviewing the complaint.

Herewith, the service provider, official, decision, action (inaction) being appealed shall not forward the complaint to the body considering the complaint, if within three business days it adopts a decision or other administrative action fully satisfying the requirements stated in the complaint.

Pursuant to paragraph 2 of Article 25 of the Law, the service recipient's complaint filed with the service provider shall be reviewed within five business days from the date of its registration.

The complaint of the service recipient, received by the competent authority for evaluation and control over the quality of public services shall be reviewed within 15 (fifteen) business days from the date of its registration.

Except as otherwise envisaged by the law of the Republic of Kazakhstan, an appeal in court shall be allowed after an appeal in the administrative (pre-trial) procedure under paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.

Annex 1 to the Rules "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

The standard of public service
"Issuance of license for liquidation activities by means of destruction, disposal, dumping and
processing of the released ammunition, weapons, military equipment, and special equipment"

1.	Name of the public service	"Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"
2.	Name of the service provider	Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan
3.	Ways of public service provision	web portal of "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal).
4.	Period of public service provision	1) when issuing a license and/or an annex to the license - 15 (fifteen) working days; 2) upon re-issuance of the license and/or annex to the license - 3 (three) working days; 3) upon re-issuance of the license and (or) annex to the license in case of reorganization of the service recipient in the form of allocation or separation - 15 (fifteen) working days; 4) when issuing duplicate licenses and/or annex to the license - 2 (two) working days.
5.	Form of public service provision	Electronic (fully automated)
6.	Results of public service provision	Result of public service provision - license and/or annex to license, re-issued license and (or) the annex to the license, the duplicate of the license and (or) the annex to the license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment, or the motivated answer on refusal in public service provision in cases and on the bases provided by paragraph 10 of the standard. The form of provision of the result of public service provision: electronic.
7.	The amount of the payment charged to the service recipient during the public service provision and the methods of charging in cases stipulated by the legislation of the Republic of Kazakhstan	For the public services provision, a license contribution shall be charged for the right to engage in certain activities: 1) when issuing a license - 22 monthly calculation indicators (hereinafter referred to as MCI); 2) for re-issuing a license - 10% of the rate when issuing a license; 3) for issuing a duplicate license - 100% of the rate when issuing a license. Payment of the license contribution shall be made in cashless form through second-tier banks or organizations that carry out certain types of banking transactions, as well as payment can be made through PGEG.
8.	Working schedule of the service provider	1) the service provider - from Monday to Friday, from 9-00 to 18-30 with a break for lunch from 13-00 to 14-30, except weekends and holidays, according to the labor legislation of the Republic of Kazakhstan; 2) the portal - round the clock, with the exception of technical breaks in connection with repair work (when the service recipient applies after the end of working time, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan, the application shall be received and the result of public service shall be issued during the next working day).
9.	List of documents required for the public service provision	1) to obtain a license: An application of the individual for license acquisition or the application of the legal entity for license acquisition; an electronic copy of the document confirming payment to the budget of the license payment for the right to engage in certain activities, except in cases of payment through the PGEG; electronic copy of documents according to Qualification requirements for liquidation activities (to destruction, disposal, dumping) and processing of the released ammunition, weapons, military equipment, special equipment and the list of the documents confirming compliance to them, the approved order of the Minister of Digital Development, Defense and Aerospace Industry of the Republic of Kazakhstan dated April 24, 2019 No. 54/H Қ (registered in the Register of State Registration of Regulatory Legal Acts No. 18605) (hereinafter referred to as the Qualification Requirements). 2) to re-issue the license and/or annex to the license: The application of the individual to renew the license or the application of the legal entity to renew the license; an electronic copy of the document confirming payment to the budget of the license payment for the right to engage in certain activities, except in cases of payment through the PGEG; an electronic copy of documents containing information on changes that led to the re-issuance of the license and/or the annex to the license, with the exception of documents about which information shall be contained in state information systems; 3) for a duplicate license acquisition and/or annex to the license, if it is not possible to obtain license information from the relevant information systems: a request in the form of an electronic document certified by the EDS of the service recipient; electronic copy of the document confirming payment to the budget of the license payment for the right to engage in certain activities, except for cases of payment through the PGEG.
10.	Grounds for refusal to provide public service established by the legislation of the Republic of Kazakhstan	1) occupation of a type of activity prohibited by the Laws of the Republic of Kazakhstan for this category of individuals or legal entities; 2) no license payment; 3) the service recipient shall not meet the Qualification requirements; 4) the response of the state body on non-conformity of the service recipient with the requirements set out during licensing or when performing permitting procedures; 5) a court decision (sentence) on suspension or prohibition of activities or certain activities subject to licensing shall be in force in relation to the service recipient; 6) the court, on the basis of the submission of the judicial executor, shall be temporarily forbidden to issue a license to the service recipient-debtor; 7) inaccuracy of documents submitted by the applicant for license acquisition and (or) data (information) contained in them.
11.	Other requirements taking into account the peculiarities of public service provision, including those provided in electronic form and through the State Corporation	1. Addresses of public service provision shall be located on the Internet resource of the service provider - www.mdai.gov.kz. 2. The service recipient shall have the opportunity to receive the public service in electronic form through the portal, provided that the EDS shall be available. 3. The service recipient has the opportunity to obtain information on the procedure and status of public service provision in the remote access mode through the portal's "personal account," as well as a unified contact center for the provision of public services. 4. Contact numbers of public service reference services: 8 (7172) 74-94-48, unified contact center for public service provision: 1414, 8 800 080 7777.

Annex 1 to the Standard for public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

Form

Application
of an individual for license acquisition and/or
annex to the license

In the _____________________________________________________________

(full name of the licensee)

from __________________________________________________________________

(last name and patronymic (if any) of an individual,

individual identification number)

I hereby ask you to issue a license and/or an annex to the license for implementation

____________________________________________________________________

(to specify full name of activity and/or subspecies of activity (s))

Address of residence of an individual ________________________________

(postal code, region, city, district, settlement,

street name, house/building number)

E-mail ___________________________________________________

Phones __________________________________________________________

Fax ______________________________________________________________

Bank account _____________________________________________________

(account number, name and location of the bank)

Address of the activity or actions (operations)

____________________________________________________________________

(postal code, region, city, district, settlement, name

streets, house/building number (fixed room)

Attached _____ sheets.

It is hereby confirmed that:

all the specified data shall be the official contacts and any information on the issue or refusal of a license and/or an annex to the license may be sent to them;

the applicant shall not be forbidden by the court to engage in a licensed type and/or subspecies of activity;

all the attached documents shall be true and valid;

the applicant shall agree to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and/or an annex to the license;

the applicant agrees to the certification of the application by electronic digital signature of the employee of the population service center (in case of contact through the population service center).

The individual _________ __________________________________________

(signature) (last name, first name, patronymic (if any)

Date of completion: _____"___" , 20 ___

Annex 2 to the Standard for public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

Form

Application
of the legal entity for license acquisition and/or
annex to the license

In the ______________________________________________________________

(full name of the licensee)

from ___________________________________________________________________

(full name, location, business identification number

a legal entity (including a foreign legal entity),

Business identification number of the branch or representative office

of a foreign legal entity - in case of absence

business identification number at the legal entity)

I hereby ask you to issue a license and/or an annex to the license for implementation

_______________________________________________________________________

(to specify full name of activity and/or subspecies of activity (s))

Address of the legal entity ________________________________________________

(postal code, country (for a foreign legal entity), region, city,

district, locality, street name, house number/

building (stationary room)

E-mail _______________________________________________

Phones_______________________________________________________

Fax ___________________________________________________________

Bank account

_________________________________________________

(account number, name and location of the bank)

Address of the activity or activities (operations)

__________________________________________________________________

(postal code, region, city, district, settlement, name

streets, house/building number (fixed room)

Attached ______ sheets.

It is hereby confirmed that:

All the specified data shall be official contacts and any information on the issue or refusal of a license and/or an annex to the license may be sent to them;

the applicant shall not be forbidden by the court to engage in a licensed type and/or subspecies of activity;

all attached documents shall be true and valid;

the applicant shall agree to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and/or an annex to the license; the applicant agrees to the certification of the application by electronic digital signature of the employee of the population service center (in case of contact through the population service center).

Head of ________ _________________________________________________

(signature) (last name, first name, patronymic (if any)

Date of completion: __________"__" , 20__

Annex 3 to the Standard for public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

Form

Application
of an individual for re-issuance of the license and (or)
annex to the license

In the ________________________________________________________________

(full name of the licensee)

from _____________________________________________________________________

(surname, first name, patronymic (if any) of an individual,

individual identification number)

I hereby ask to re-issue the license and/or annex to the license

(to highlight the necessary)

No. ____________ dated _________ 20 ___ , issued _____________

(license number (s) and/or annex (s) to the license, date of issue, name of licensor issuing

________________________________________________________________________

license and/or annex (es) to the license)

the implementation of the ________________________________________________________

(full name of the activity and/or subspecies of activity (s))

by the following grounds (s) (to specify in the appropriate column X):

1) changes in the surname, first name, patronymic (if any) of the individual-licensee ________

2) re-registration of the individual entrepreneur-licensee, change of its name ________

3) re-registration of the individual entrepreneur-licensee, change of his legal address ________

4) alienation by the licensee of the license issued according to the class "permissions issued for objects" together with the object in favor of third parties in cases if the alienation of the license is provided by Annex 1 to the Law of the Republic of Kazakhstan "On permissions and notifications" ________

5) changing the address of the location of the object without its physical movement for a license issued according to the class "permission issued to objects" or for annexes to the license indicating the objects _

6) there shall be a requirement for re-registration in the Laws of the Republic of Kazakhstan ________

7) change of the name of the activity ___________

8) change of the name of subspecies of activity ________

Address of residence of an individual __________________________________

(postal code, region, city, district, settlement,

street name, house/building number)

E-mail _______________________________________________

Phones ______________________________________________________

Fax __________________________________________________________

Bank account ________________________________________________

(account number, name and location of the bank)

Address of the activity or activities (operations)

________________________________________________________________________

(postal code, region, city, district, settlement, street name,

house/building number (fixed room)

Attached _____ sheets.

It is hereby confirmed that:

All specified data shall be official contacts and any information on the issue or refusal of a license and/or an annex to the license may be sent to them;

the applicant shall not be forbidden by the court to engage in a licensed type and/or subspecies of activity;

all attached documents shall be true and valid;

the applicant shall agree to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and/or an annex to the license;

the applicant shall agree to the certification of the application by electronic digital signature of the employee of the population service center (in case of contact through the population service center).

The individual ________ ___________________________________________

(signature) (last name, first name, patronymic (if any)

Date of completion: _____"__" ,20 __

Annex 4 to the Standard for public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"

Form

Application
of the legal entity for re-issuance of license and (or)
annex to the license

In the _____________________________________________________________

(full name of licensee)

from __________________________________________________________________

(full name, location, business identification number

a legal entity (including a foreign legal entity),

business identification number of branch or representative office

of a foreign legal entity - in case of absence

business identification number at the legal entity)

I hereby ask to re-issue the license and/or the annex to the license

(to highlight the necessary)

No. __________ dated _________"___" , 20 ___ issued

_______________________________________________________________________

(license number (s) and/or annex to the license, date of issue,

name of the licensee issuing the license and/or annex to the license)

For implementation of the ______________________________________________________

(full name of activity and/or subspecies of the activity

by the following base (s) (to specify in the appropriate column X):

reorganization of the legal entity-licensee in accordance with the procedure defined in Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications" by (to specify in the corresponding column X):

mergers ____

transformations ____

accession ____

selections ____

splitting ____

2) change of the name of the legal entity-licensee ________

3) change of the location of the legal entity-licensee ____

4) alienation by the licensee of the license issued according to the class "permissions issued for objects" together with the object in favor of the third parties in cases if the alienation of the license is provided by Annex 1 to the Law of the Republic of Kazakhstan "On permissions and notifications" ___________________

5) changing the address of the location of the object without its physical movement for a license issued according to the class "permissions issued to objects" or for annexes to the license indicating the objects _____________

6) there shall be a requirement for re-registration in the Laws of the Republic of Kazakhstan ______________________________________________________________________

7) change of the name of the activity ________________________

8) change of the name of the subspecies of the activity _____________________

Address of the legal entity __________________________________________

(country - for a foreign legal entity, postal code, region,

city, district, locality, street name, house/building number

(fixed room)

E-mail ______________________________________________

Phone number

______________________________________________________
Fax __________________________________________________________

Bank account ________________________________________________

(account number, name and location of the bank)

Address of the activity or activities (operations)

________________________________________________________________________

(postal code, region, city, district, settlement, street name,

house/building number (fixed room)

Attached ______ sheets.

It is hereby confirmed that:

All specified data shall be official contacts and any information on the issue or refusal of the license and/or an annex to the license may be sent to them;

the applicant shall not be forbidden by the court to engage in a licensed type and/or subspecies of activity;

all attached documents shall be true and valid;

the applicant shall agree to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and/or an annex to the license;

the applicant shall agree to the certification of the application by electronic digital signature of the employee of the population service center (in case of contact through the population service center).